Since New York introduced new laws to combat sexual harassment in 2018, all employers in the state are required to implement written anti-sexual harassment policies that include a procedure for investigating sexual harassment complaints. Employers should do everything they can to fortify these investigations from scrutiny by the complainant, the subject of the investigation or witnesses involved in the investigation.

Employers should be particularly concerned about the extent to which they keep investigations confidential. The New York law specifically requires that sexual harassment investigations include a procedure for “the timely and confidential investigation of complaints that ensures due process for all parties.” N.Y. Labor Law §201-G (a)(iv). Today’s employers are thus confronted with the task of balancing the often-competing privacy and due-process interests of all parties, without the benefit of years of precedent. In doing so, they should give special attention to the following concerns.

Confidentiality